According to authorities in South Fulton, a 16-year-old driver took her mother's car out for a drive without permission this past Monday. The joy-ride ended in disaster unfortunately.
Reports show that the young driver got into a wreck with a yellow pick-up truck at the intersection of Flat Shoals and Guilford. The driver of the truck was pronounced dead at the scene. Police believe that the accident was the result of Distracted Driving in Georgia.
As a Georgia DUI Lawyer, I will outline the offense homicide by vehicle in today's post. Whenever a death or serious injury occurs as the result of a vehicular accident, an investigation takes place to figure out which driver was at fault.
At age 17, a person can be tried as an adult in the state of Georgia. For Georgia Youthful Offenders, the gravity of the offense will dictate whether the case is tried in a state or superior court or in a Georgia Juvenile Court. Details as to this case and where it will be adjudicated have not been released yet.
Vehicular Homicide in Georgia
Georgia Law outlines two degrees of vehicular homicide in Georgia in O.C.G.A. §40-6-393.
First degree vehicular homicide is defined as:
A person will be charged with homicide by vehicle in the first degree when, without malice aforethought, a death is caused by the person either unlawfully passing a school bus, reckless driving, fleeing or attempting to elude a police office, or leaving the scene of the accident.
Second degree vehicular homicide is defined as:
A person will be charged with homicide by vehicle in the second degree when death results due to a violation of any other statute other than the ones specified for homicide in the first degree.
Second degree vehicular homicide is also referred to as misdemeanor-grade vehicular homicide. This happens when a death is the result of a violation of basic traffic laws. Conviction of a misdemeanor vehicular homicide charge may warrant a sentence from a Georgia judge up to one year.
First degree vehicular homicide is also referred to as felony-grade vehicular homicide. This type of charge occurs when a death is the result of DUI or reckless driving. Convictions of felony-grade vehicular homicide may warrant up to 15 years in prison.
Most Georgians are erroneously under the impression that traffic violations or traffic crimes are not taken as seriously as other types of crime in Georgia. However, even a DUI in Georgia has very serious penalties and consequences if convicted.
Therefore, if you or a loved one has been arrested, please contact our offices today. A Georgia DUI Attorney can help you now.
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